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HomeMy WebLinkAboutReso 1988-13536 RESOLUTION NO. 13536 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING EASEMENT FROM RANCHO DEL SUR FOR SEWER ACCESS PURPOSES The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain grant of easement for sewer access purposes executed by Rancho del Sur~ a California general partnership dated the 29th day of March , 198 8 , a copy of which is attached hereto and by this reference made a part hereof as though fully set forth herein, be and the same is hereby accepted by the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said easement in the office of the San Diego County Recorder. Presented by Approved as to form by 0361a Form 320 Rev. 11-87 NOIE: Ibis ~s a copy of a resolution that was sent to Rec0rder's 0ff~ce and never returned. (C5I:[Y246) 3/22/89 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF u -~LA VISTA, CALIFORNIA, this . 26th d~y Of April .,. 19 ~6 , by the following vote, to--~Nit: AYES: C0unci]raembers Moore, McCandliss, Nader, Cox NAYES: Councilmembers None ABSTAIN: Councilmembers Malcolm ABSENT: Counci lmembers None ~of the City of Chulo Vista S -' OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Californio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13536 ,ond thor the some hos not been omendad or repealed ~'i *' 8006.010 ., ,. |? ,~ , ~ ,, GRANT OF EASEMENT - FOR ACCESS PURPOSES Ft A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned do/does hereby grant to the .City of Chula Vista, in the County of San Diego, State of California, an easement for access upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows SEE EXHIBITS "A" & "B" ATTACHED HERETO AND MADE A PART HEREOF together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS our hand s this 29th day of March 19 88 RANCHO DEL SUR, a California general partnership "Due to lack of space, the borrowers have affixed signature page which is incorporated herein by reference. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss On this 15th day of January 19 88 , before me, Rita. R~zo '. , a Notary Public in and for the said County of San Diego, State of CalifOrnia, residing therein, duly commissioned and sworn, personally appeared John T. personally known to me to be the person whose name is subscribed to the within instrument, and he x duly acknowledged to me that he X executed the same. IN WITNESS WttEREOF, I have hereunto set my hand and affixed my official seal, at my office in the County of San Diego, the day and year in this certificate first above written. "~, Notary Public and for the County -- ~ .'~.,, .~-, ~,~ .,~..;-......{u¥¥' ~ of San Diego, State of California PW-E-9 Church Engineering, Inc. Rancho del Bur - Phase 1 November 9, 1987 EXHIBIT "A" ACCESS EASEMENT TO THE CITY OF CHULA VISTA Being a portion of the Southeast Quarter of the Northwest Quarter of Quarter Section 67 of Rancho de La Nacion, Map 166, according to Record of Survey thereof No. 10945, filed in the office of the County recorder of San Diego County, March 12, 1987, as file/page NO. 87-128665 in the County of san Diego, State of California; being more particularly described as follows: BEGINNING at the Southeast corner of Lot 106 of Chula Vista Tract No. 84-13, according to Map thereof No. 11576, filed in the office of the County recorder of San Diego County, July 25, 1986; as file/page No. 86-310472; thence along a prolongation of the Southerly line of said lot 106: 1. North 72°10'59'' East 128.16 feet to the TRUE POINT OF BEGINNING; thence continuing along the prolongation of the southerly line of said lot 2. North 72°10'59" East 40.86 feet; thence leaving said southerly. 3. North 85°10'40" East 59.50 feet; thence 4. South 61°21'59" East 132.19 feet; thence 5. South 28~38'01'' West 10.00 feet; thence 6. North 61~21'59" West 120.53 feet to the beginning of a curve concave southeasterly, having a radius of 10.00 feet, a radial bears North 28~38'01" East; thence westerly, southwesterly along the arc of said curve through a central angle of 7. 85a12'04" a distance of 14.87 feet; thence leaving said curve 8. South 33~25'57'' West 51.35 feet; thence 9. North 79°57'49" West 19.29 feet; thence 10. North 10°02'11" East 10.00 feet; thence 11. South 79°57'49" East 12.72 feet; thence 000280 PAGE TWO 12. North 33°25'57" East 35.40 feet; to the beginning of a curve concave southwesterly having a radius of 5.00 feet, a radial bears South 56°34'03" East; thence northwesterly along the arc of said curve through a central angle of 13. 128°15'17" a distance of 11.19 feet; thence leaving said curve. 14. South 85°10'40'' West 31.62 feet; thence 15. South 72°10'59" West 38.50 feet; thence 16. North 24°46'44'' West 10.07 feet to THE TRUE POINT .OF BEGINNING. Containing, in all, 0.069 acres, more or less. Assessor's Parcel No. 641-010-025 See attached Exhibit "B" 000280 ' ,' " EXI-I!f~IT "t,~' "' .... -,' ...... ~ A . I/Vr'JICI]7'~',~ ,, VICINITY MAP, C~VS PROPOSED RANCHO DEL SUR PHASE I UNIT b T.M. 87-8 T~ ' ' z7 ~ ~or '~' ~ ~ ~"zo~o~.~.~/ DE k .. ACCESS EASEMENT MANUEL E. NIETO ~C.E30724 DA~ EXP. DA~ 3/31/88 TO THE ~~,.,.,.,,,,.o~,=.=, ~ CITY OF ~U~ VISTA Church Enginering, Inc. ~o...,,,,,~..... .,,.~.~...,,.,~ PER T.M. 87- 8 DATE JOB + 8006.010 RAN(;IIO DEL SUR, a California General Partnership BY: C,A])Co Investment Partnership lII, Ltd., a California ]imtted partnership BY: Great American Development Company, n California corporntlon TITLE :_jlcCaent_j~e_ae~e~l~__S_enior V .P . BY: __~c~l TITLE:__G_u!.O_r__oz_C~c_~o_~ Vice President BY: KG Otay A.~sociates, Ltd., a Ca] ifornia ] halted partnership Mathew R. Loonin, Secretary Mathew R. Loonin, Secretary BY: MRL, Inc., general partner BY :~9_~C~)~'~ Mathew Ronah| l~ontn, President BY: Cuttman Construction, Inc. , genera r tner BY ~/;; . , ~ , President BY: Mesa De , o n Cnl i,[ornin ~lenera I partnership BY: blesa De] Orn, Inc~, general partner SIAIE l)F CA/IIIIRNIAI ,o, "COUNTY OF ,fAN OltCOI SIGNtO. ~ NOTJRY PUBLIC IN JNB IOR SJIO C~IINTY ~NO SIJTF. P[RStlN- ~IIY ~PPI~RfD ~lL ~n~._ ~p~ ~NO~/N TO ~[ T~xT~xONx tN~>8~t~x~k~Y~N~ In BE TIFF 8~.cr~L~zy .......... OF ~]~_~a_p~k_9/p~j~nc_. ~ CQRPORJTION, T/IF CORD~RJ l I~N HM T Kt[FIlTE~ H/f' V/THIN INSIRIINTNT JNP ~NOMN TO fiE' TO 8F HIP FIRSON 1'1/~ TXfC/IHD TI/F VlTItlN INSIRIINiNT ON RFIMtf' Ill' .~l/P CORf'OR~TION. SJlP CORPORatION BEINC kNOlrN TO NE TO BF ~ ~ENTR~L P~RINtR OF KC (X~a~_Ass,~c~s. L~d._, ~ PJRTNfRSIIIP..f~lD PJRTNERSIHP I PIRTN[RSIt[P. T/IF PIRFNERSHIP TI/IT ~,I'[CIll/D HIE VITIIIN INSTRI/NENT IND lCKNOVI tl)CFD TO NF HMT SI]~t PJRINE RSItlP I Xf CIITfQ ll/1 PIIRSUINT TO ITS IN VIINFSS I/I/HetOP. I ftAVF I/ERtE'- IINH1 SIT try ItANI) AND ATFIJII) NOMRIAL SIAl, fi/F OAY ANt) IN TI/I.f C[RTIFICATE FIRST AIIOFE h'r CLIffMISSION EXPIRe, S- NdlARY SAlP filt/NIY AND 5'IATt .............. 9J2_4_ ....... Ig..~_9. fIN AR,fTNCF tit' NOTARIAL SIAL. PLtASF FIll IN INftlRh*ATI[1N tlflillJI PRINCIPAl PLACE OF BII.~INFS,f- f'RINT NAtif - Rah Diepo, Ca Lor~nda E. Tr~as STAlE OF CAi IFONNIAI COUNTY OF ,fAN UIECOI SIGNEL), A k'flTARY PIILtl IC IN ANL) T(IR .flip COIINTY ~NI] STATE. PIRSON- All Y APPEAR[I) Y~L[__!),_o_n_a_[_d__.C,,_aZ_dn_e_f; KNllI/N T(1 HE OF __C.eS_t.F~__&~_~,_~__Lq_c .... A CORPORATION. F/IF C(1RPORATI(1N Tft~T E.YFCIITED TIlE I/[TItlN INSTRIINFNT ANL) KNOUN TO lit Ill RE f/f[ PERSON 6/tt0 []tCIITFD HIE lqTI/IN INSTRUH~NT ON BrUIt,fit l)f .fAll) CORPflRATION. SAID CORPORATION 8FINC NNO~.'N TO ffF TO BE A F4NIRAL PARTNfR OF ~_6_ ,.O_~_a_Y__k_s_s__o_c,La_t_e_§_,__L~_~_8,_'_. A PARTNERSIt/P, SAID PARTNERSHIP ~t/OVN TO ME TO BE A CENTRAL PARTNrR OF ...... Rmmho_~e[ Sur ............... A PARTNFRSftIP. THE PARTN[R.fH[P THAT L|'ICIITEI) HIE YIIIfIN INRTRUHENT AND AF/INRVI FI)C[I) TO lIE H/AT SUCIf PARTN[RSIt/P [,I'E('IITt~D f/IF 5'AIIF, PIlRSIIANT TO IIS ItY-/ AVS. IN VIINIS,f IfitFREOF. I I/AVE It[RE- I/NTI) SET fly IMNI) AN/) AtFI.t[I) try NOTARIA/ SIAl, lift BAY ANO )IAR IN lttl.~ CERllI ICAIE I [RST ABOI'F ~Y C~MISSION E,I~IRES- N~TARY PllBI IC IN ANl) fOR 9/24 Ig 89 S~ID CR/INFY ~NP STATE ?RINCIP~/ PIACt 0[ RIISIN/SS- PRINT NA~f- .... S~u~ _Dtc~,,¢_. Jj~ ............ Lot ~ ndn ~. Tr in R 5IAI[ ~F ~,*fl ITQRNIAI ~,,, °~(ld,'ITY OF 5AN 01f~(11 ,,,,, o,- ,,T ,,,,' SIf. NTD, A NOTARY PIRtllC IN AND FOR SAIll CILIINIf ~NI) SI,UI. f'IRSON AII T APril ARID Ma~tJ!~.~%~z_ !~vo~i~L_. ~NOMN HI h7 ~/~/~xT~x~/~ ~lt~x~A~.~>~t~/~N~I TQ OK I/If' Secy_etary Df _.WE~L~3NC ......... ~ COIOYIR~IIIIN, TltC rORPORAIION IItAI [I'TCI/lfP TItF VIHtlN INSIRIIIFFNT ~17 IFIV{I~/N 10 lit IQ Ill' lIE PTRSFIN Illt~ I.ITrlIIlD fill' ~qlltlN INRIRI/MINT ON ItTItAI I 0I S~ll} CURI'OR~IION, ~ IB ~f f~ ~' ~ ~INf~M ~1~t~ Dr' ._ __.Bapcho D~!. ~ r~IN[~SItlP, HIE P~IN[~SIIIP IIf~ LI'[~III[I) fill ~1~1t~ IN YITNESS I/I/fRFOr. I It,filE litRE- iNED SET MT I/AND AND AfFI,I'TI) MY N(ITARIA~ ,~TAI. lltf OAr AND ~EAR IN fills CtRTIfICATE FIRST HY COMMISSION [~PIRU~- NllIA~iT/IIItI~C,'' IN ANP I SA IP COI/Nf Y A,V() SIA It TIN A~SfN~f' ~f N~f~IAI S/AZ, PEASE f/l//~ INf~R%~HI1N PRINCIPAL PLACE nE 8ILflNFSS- PRINT NAME ST~T{ OF GlZ IfORNIM C~UNIr OF ~N SIGNFB, ~ N~T~R~ PUBLIC IN ~NB fOR SlID COUNIr ~NO RTllE, fiRRON- All Y APP[ARiB . blathew R,_Loonin_~, KNOVN TO ME OF .... ~T~,_ ~ ........... A QORPRRANON, HIP 6OR?0RAIlRN SNAP fXrCUS~o llt~ ~IHtlN IN, qIRIIMiNT AND KNQVN 1~ Mr 10 ~ THF ~qfR ~XfFIIT[D tiff ~qlltlN INSIRIINtNf QN R[ftAIf OF SAID CRRnRRAHON, SAID CORnORATION eEINC ~NO~N TO ME TO fie A C~NFRAL PARTNTR Of __~ ~D ?~ ~?_~.t _~SJ' A PARINFRSMP, SA II) PARINERSItlP B~ INC KNOVN ~0 Nf TO BE A GfN[RM PARTNER BF .... ~a.nclm_~RL_~u~ A PAR INFRSIf[P, TIlE PAR INE RSItIP HtA T [.~] film P TIlE ~'I TItIN INRIRIIB~ NT AND ~r~NOYI EOCFD TO ~f 11tA T SUCIt PARTNERSItlP ~ .~'1 tilTED TI/F PIIRSIIANT TO ITS BY-IA~'S. IN lqTNtSR Vl/FRFOf. I ttAVF I/iRE'- I/NTO StT ~fl ttA,~'I) ANP MFI.ITD NIII~RIA[ .It,q, lltf DAY H'[) IN IHIR ClRflf lGAll FIRST fir COMMIS,flON I.IPIRL~- NHTARr PIIRI 1C IN AND fOR 9~24 89 SAIl) C(IlINTY AND SLATE .......................... /~ ..... TIN ~,~f~[ ~f NFIf~IM StM, PEASE flf[ PRINCIPAl PLAC~ ~f BIISINE,fR- PRINT NAfiE- Sa~ D~ey.o CA l,o~nda ~. T~as ST~T~ OF C~I IIORNIAI C~UNT~' OF SAN OI~COI SIGNED. ~ ~'OTARY ?IIB~ IC IN AND FOR ,~AID r~IINT~' ANB SLATE. ~ .... ~_~ ......... ~ CORPORATION, lilt CORPORATION lIMP ' K~'ECUTTD lllr VIIIfIN IN,qIRIInINT AND hNBUN TO hr To ~[' lllr PIRSON ~'UO E~ICU T[ D THr ~I ElfIN INR IRU,~E NT ON BFIIAL F 01' RA 10 CORPORA l ION, SAID CORPORATION BEING hNOMN TO NE TO BE A CI'NFRA~ PARINFR OF ~--~ ~_. ]~., A PARTNFRSIIIP, RAID PARTNLRSIIIP B~INC ~k'O~N I0 ~ TO BE A ClNFRAI PARTNER OF .... ~_~_~_s~ ........... A PARTNIRRIIIP, TIIE PARINEk'SIIIP TItAT E,~'FCIITfD TIll' UITIIIN INRTRUNFNT Ak'D ACKk'OVl EOCIO TO NF TIMT SIIOI PARTNIR,~IIIP ~X~ClITED TIIE PURSUANT TO ITS IN Vllk'ESq VIIFRFOF, I IIA~'T UNTO qFT Hi' IMk'D AND AfFl~'ZD HY k'OTARIAI SIAl, IIIF OA~' AND IfAR IN TNIS CERTIFICATE FIRST ABOFE ~' C~NN1SSIRN ~?lB~,~- NdTARY PUIII IC IN ANO IOR SAID CDIINTk' ANO STAT~ fIN A~,~INFE fif NOTARIAI SfA/, P/fARE Fill IN INffi~MATION P~I~'EIPA~ Pt AC[ fit B,'IRINI ,~S- P~INI NA~I STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) in and ZV/sa~d State, personally appeared and ~b t~D~2_~Q , bersona~'ly kno~ to me- (®r- prcvcd {~ me On CILe ~ia of satisfac~oi~- e~i~el~ce) to be the t~ersons who cut the within instrument as ~E i~(~,~,, President and corporation, the corporation that executed the within instrument as general partner of GAECo Investment Partnership III, Ltd., a California limited partnership, the partnership that executed the within instrument as a general partner of Rancho del Sur, a California general partnership, and acknowledged to me that such corporation executed the same as such partner and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. eOFFICIAL SEA~ ' KRIS KOHO No~lryPu~ic~alior a Notary Pub'lid in a6d for said ~ty ~N OlE~ ~UNTY and State My ~m. ~, June ~, ~S~3 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On ~6/D{~-~ , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack A. Guttman, personally known to me (~r proved to..-me._ on ~be b~sis cf ~ati~ ~t~-c~e) to be the person who executed the within instrument as President of Guttman Construction, Inc., a California corporation, the corporation that executed the within instrument as general partner of KG Otay Associates, Ltd., a California limited partnership, the partnership that exeucted the within instrument as a general partner of Rancho del Sur, a California general partnership, and acknowledged to me that such corporation executed the same as such partner and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. 1TA, UCELANDERSON Notary Public in and for said NOA~YmJBUC-C~L~ORN~ COunty and State ~,_, (Seai} 8006.010 SUBORDINATION AGREERENT '~tlEREAS, tile owner of that certain property hereinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of Sa. Diego, State of California, tile permanent easement and right of way, for access easement to the city of Chula Vista. (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) SEE EXHIBITS "A" & "B" ATTACHED HERETO AND MADE A PART HEREOF LTD., a California limited partnership, AND WNEREAS, UNITED ENTERPRISES,-tNC=~-~-De-t~afe-~orpo~a~i~n- iS hereinafter known as the BENEFICIARY; and FIRST AMERICAN TITLE' INSURANCE CO. ts herel.after known as the IRUSTEE as of the date of this Instrument under that certain deed of trust executed by RANClIO DgL SUR, a California gene~al pa~:ne~sh~i tO secure (a) note(s) for $5,000,00d:00 with interest dated August 1, 1986 and recorded August 1, 1986 tn Official Records of the San Diego County Recorder, covering the property heretnabove described, as Instrument No. 86-323966 AND WtlEREAS, the BENEFICIARY affirms that (he/she/they, is/are) the owner and holder of the hereinabove described trust deed note, and (is/are) hereby direct and authorize said TRUSTEE to join In the execution of this instrument. untl Ttl~n~D~ ~n~ ~n~ tn ~nncidnPn~nn n~ fh~ hpn~ftt~ to accrue to the ~ ,1- ~ ;City of Chula C~U~%%~tmFO~N~~ ~g , ~ and tnterest t n basis of ~atistacto~ evidence) to be the persons who execut d the within instrument as - -- - - ~ fThis area for officja~ nolaria~ sea)) ; , BY: 5/hZ ~, --/.; I BY: Church Engineering, Inc. Rancho del Sur - Phase 1 November 9, 1987 EXHIBIT "A" ACCESS EASEMENT TO THE CITY OF CHULA VISTA Being a portion of the Southeast Quarter of the Northwest Quarter of Quarter Section 67 of Rancho de La Nacion, Map 166, according to Record of Survey thereof No. 10945, filed in the office of the County recorder of San Diego County, March 12, 1987, as file/page No. 87-128665 in the County of San Diego, State of California; being more particularly described as follows: BEGINNING at the Southeast corner of Lot 106 of Chula Vista Tract NO. 84-13, according to Map thereof No. 11576, filed in the office of the County recorder of San Diego County, July 25, 1986; as file/page No. 86-310472; thence along a prolongation of the Southerly line of said lot 106: 1. North 72o10'59" East 128.16 feet to the TRUE POINT OF BEGINNING; thence continuing along the prolongation of the southerly line of said lot 2. North 72010'59" East 40.86 feet; thence leaving said southerly. 3. North 85~10'40" East 59.50 feet; thence 4. South 61e21'59" East 132.19 feet; thence 5. South 28e38'01'' West 10.00 feet; thence 6. North 61°21'59" West 120.5'3 feet to the beginning of a curve concave southeasterly, having a radius of 10.00 feet, a radial bears North 28°38'01'' East; thence westerly, southwesterly along the arc of said curve through a central angle of 7. 85e12'04" a distance of 14.87 feet; thence leaving said curve 8. South 33~25'57" West 51.35 feet; thence 9. North 79~57'49" West 19.29 feet; thence 10. North 10°02'll"East 10.00 feet; thence ~-- 11. South 79~57'49" East 12.72 feet; thence 000280 PAGE TWO 12. North 33°25'57" East 35.40 feet; to the beginning of a curve concave southwesterly having a radius of 5.00 feet, a radial bears South 56°34'03'' East; thence northwesterly along the arc of said curve through a central angle of 13. 128~15'17" a distance of 11.19 feet; thence leaving said curve. 14. South 85°10'40" West 31.62 feet; thence 15. South 72°10'59'' West 38.50 feet; thence 16. North 24046'44" West 10.07 feet to THE TRUE POINT .OF BEGINNING. Containing, in all, 0.069 acres, more or less. Assessor's Parcel NO. 641-010-025 See attached Exhibit "B" 000280 - · , EXAIISIT '18 ... ~',~zo~',r,%,'''. ~ ~ ~ PROPOSED RANCHO DEL SUR, PHASE I UNIT 5 Eo T.M. 87-8 . · c ~ ~'~/*~. ~o, ~' ~. ~5~/o' ~ "~. ~/.~ ~ ~OH, OF s,E, QTFL OF NxA/, ~'FF~ OF ~'FH, SZC~ 67 ~x/Jx~ F~M ICHO DE LA NIAC lobl F~ OG, JOe45 ACCESS EASEMENT TO THE ~~"~"'""'~"'~"' G CITY OF ~U~ VISTA Chumh Enginering, Inc. ~,.~,,.~.~,~..~ ~,~,~.~..,~,,.,~ PER T.M. 87- 8 DATE JOB ~ 8006.010 8006.010 .. SUBORDINATION AGREEI4ENT WtlEREAS, the owner of that certain property heroinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, the permanent easement and right of way. (LEGAL DESCRIPTION OF PROPERTY IS ATTACllED) AND WHEREAS GREAT AMERICAN FIRST SAVINGS BANK, & California corporation iS heroinafter known as the BEHEFICIAR¥; and CALIFORNIA GENERAL MORTGAGE SERVICE, INC. is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by RANCHO DEL SUR, a California ~ene~al partnership tO secure (a) note(s) for with interest dated suzy 31, 1986 and recorded Ausust I, 1986 tn Official Records of the San Diego County Recorder, covering the property heretnabove described, as Instrument No. 86-323967 A))D WHEREAS, the BE))EFICIARY affirms that (he/she/they, is/are) the owner and holder of the heroinabove described trust deed note, and (is/are) hereby direct and authorize said TRUSTEE to join in the execution of this instrument. HOi~, THEREFORE, for and in consideration of the benefits to accrue to the above described land by acceptance of said easement by said City of Chula Vista, the undersigned expressly subordinates all right, title and interest tn and to that portion of said premises herein described, covered by said deed of trust, to the interest of said City of Chula Vista in said easement with the intent that said easement shall be prior and superior tn fh~ ~-- ~f the deed of trust berelnabove d~r~lh-~ ,, TICOR TITtE INSURANCE 'O 21945 CA (1--831 ~ tUSed thtS } 88. STATE OF CALIFDRNIA / ' . } ~' COUNTY OF "C / ' '~ '~ ~ _ c_ ~ ~ l ~ ~ On ~ ' ' ' / >/' '/i;'~ before me the unde~lgned a Notary public in and for said ~~ ~S BgK, personally known to me or proved of satisfactory evidence to be the personswho execuu d president, and ,, ~ F. , , . the per~o~h~executed the within instrument as the ' proved to m o the basis of satisfactory e¢dence to ~(/- . ,,'t ~ --~ L tc, c t :g~ry of the Corporation · , Z ' /: to me that such corporation executed the within mstru- m~ pursuant to its by-hws or a resolution of its t- of directors. ~ .ESS my hand and official seal. / L(' 7 ,..-~,~/~ (Thisareaforoffici~no~i~g~ Church Engineering, Inc. Rancho del Sur - Phase 1 November 9, 1987 EXHIBIT "A" ACCESS EASEMENT TO THE CITY OF CHULA VISTA Being a portion of the Southeast Quarter of the Northwest Quarter of Quarter Section 67 of Rancho de La Nacion, Map 166, according to Record of Survey thereof No. 10945, filed in the office of the County recorder of San Diego County, March 12, 1987, as file/page No. 87-128665 in the County of San Diego, State of California; being more particularly described as follows: BEGINNING at the Southeast corner of Lot 106 of Chula vista Tract No. 84-13, according to Map thereof No. 11576, filed in the office of the County recorder of San Diego County, July 25, 1986; as file/page No. 86-310472; thence along a prolongation of the Southerly line of said lot 106: 1. North 72~10'59" East 128.16 feet to the TRUE POINT OF BEGINNING; thence continuing along the prolongation of the southerly line of said lot 2. North 72010'59" East 40.86 feet; thence leaving said southerly. 3. North 85~10'40" East 59.50 feet; thence 4. South 61°21'59" East 132.19 feet; thence 5. South 28°38'01" West 10.00 feet; thence 6, North 61°21'59'' West 120.53 feet to the beginning of a curve concave southeasterly, having a radius of 10.00 feet, a radial bears North 28~38'01'' East; thence westerly, southwesterly along the arc of said curve through a central angle of 7. 85a12'04" a distance of 14.87 feet; thence leaving said curve 8. South 33025'57" West 51.35 feet; thence 9. North 79°57'49'' West 19.29 feet; thence 10. North 10~02'11" East 10.00 feet; thence 11. South 79~57'49'' East 12.72 feet; thence 000280 PAGE TWO 12. North 33°25'57'' East 35.40 feet; to the beginning of a curve concave southwesterly having a radius of 5.00 feet, a radial bears South 56°34'03" East; thence northwesterly along the arc of said curve through a central angle of 13. 128~15'17'' a distance of 11.19 feet; thence leaving said curve. 14. South 85010'40" West 31.62 feet; thence 15. South 72~10'59'' West 38.50 feet; thence 16. North 24°46'44'' West 10.07 feet to THE TRUE POINT OF BEGINNING. Containing, in all, 0.069 acres, more or less. Assessor's Parcel NO. 641-010-025 See attached Exhibit "B" 000280 N. Tg°ll',~lNg, · VICINITY M,4P, CU~Vg / I/o'. I/~1 ~.~o'J PROPOSED RANCHO DEL SUR PHASE I UNIT b T.M. 87-8 -., ~z 2~ ~INE DATA ~O~g. G4FOIO-O~5 / ~~ 7g '/o ~*~40. ~' ~ / ~s. e5*/o'~"v,el.e= '% '~ NOr{, OF S,E, q'YH, OF NW, Q'FR OF ~'FFL SEC, 67 ACCESS EASEMENT MANUEL E, NIETO ~C.~ 30724 DA~ EXP. DA~ 3/31/88 TO THE ~~,...,.~,.,.~,.o, ~ CITY OF ~U~ VISTA Church Enginering, Inc. ~..~,.,.; ~,.... .~ .~.~.~ ~.,.. ,~ PER T, M. 8 7 - 8 Planners San O~eGo, CA $uNeyo~ Telephone (619) 231~722 DATE JOB ~ 8OO6.010 litle ()rder No. Escrow No. C0rl tn'a|i0n Grant Deed EASEMENT GRANT DEED DRAINAGE AND ACCESS EASEMENT Tile under~igned declares that file documentary trartster tax is $ .................................................................................. arid ~ cornpuled on the Iu~[ vniue of the liftcrest or properly conve)ed, or ~ con~puled on the lull value less the value ol liens or encumbrances remaining thereon at the time of sale. 1he land, lenameals or realty is located in ~ unlncorporaled ~rea ~ city oL,,..,.EEULA..,V.I~.TA ............................................................. and FOR A VALUABLE CONSIDERATION. ~ecelpt o{ which is hereby acknowledged, BENEVOLENT AND PROTECTIVE ORDE~ OF ELKS a corporation organized under the laws of the Slate ~f hereby GRANT(S) W THE CITY OF CHU~ VISTA the {~l[oxvln6 described real property in the CITY OF CHULA VISTA County of SAN DIEGO , state 9f California: SEE ATTACHED EXHIBITS "A" E SUBORDIIIATION AGREemENT {Trust Deed to Easement') N~E: This Subordination A~reement results in your Security Interest in the propert~ becoming sublect to and of lower priority th~n the lien of some other or later Security'InstruJnent. THIS AGBEH{]~{T, made this day of , by end between E~ elmeat a married man as s I ~~ of the beneficial interest in that certain deed of trust dated 3u{ 20 ~1_~Q2L and record-d October 6 _,~ as File 77-~1] 808 ., in Book ]977 , Page ........... , of Official Records of Ban Diego County, in the State of California, herein called "First Party" which said deed of trust affects the following described real property~ The East Half of the East Half of the Southeast Quarter of the Northeast Quarter of Quarter Section 89 of Rancho de la Nacion, according to Map thereof No. 166, made by Morrill and filed in the Office of the County Recorder of said San Diego County. ~nd benevolent and protective order of EIk's No. 2011 herein called "Beeend Part~" being the presenb o~rner{s) of the easement {conveyed to/~"~) The City of Chula Vista_ by documen~ r~corded cOncur~nt~y~Ler~l~Lt~L as File ~o. - ................ in Book ............ ~ Page ...... L_, of Official Records of S~n DieBe Count~, in the gt~te of C~liforni~, sa~d easement being described as follows: See Attached Exhibits "A" deed of trust to said e~sement herein~bove set forth. of the mutual benefits to be derived by them for th~ a~reement herein con~ained, AND THAT, in the event of Foreclosure of said deed of trust, the trustees 8ale and conveyance thereunder of the property described therein shall be ~ubJect to said easement and ~aid easement sh~ll not he affected thereby. IN WITNESS ~{EREOF, the parties hereto have set their handH or have caused this instrument to be executed by the proper Officers thereunto duly authorized the day and year first above written. FIRST PA~TY SECOND PARTY (Individual) within instrument and lcknowledged that . cxe- CAT. NO+ NN00737 10 21945 CA (1--83) On ~ (~ ~7//~ before me, the una,,~l~ed, . Nota~ PubSic in ud for saidState, petsonaifyappeared] /,~L~ /~ ~'~ ~/~F ' : ' Church' Engiheering, Inc, Rancho del Sur Phase I June 3,. 1987 EXHIBIT "A" DRAINAGE AND ACCESS EASEMENT TO THE CITY OF CHULA VISTA Being a portion of the East half of the East half of the Southeast quarter of the Northeast quarter of quarter section 89 of Rancho de la Nacion, Map 166, according to record of survey thereof No. 10945, filed in the office of the County Recorder of San Diego County, March 12, 1987, in the City of Chula Vista, County of San Diego, State of California; being more particularly described as follows: Beginning at the Southeast corner of said quarter section; thence along the East line of said quarter section 89, 1. North 17° 52' 36" West 1317.10 feet to the East quarter corner of said section; thence continuing along the East line 2. North 17° 51' 35" West 30.00 feet to a point on a line parallel and 30.00 feet North of the Northerly line of the Southeast quarter of aforesaid quarter section 89; thence continuing along said parallel line 3. South 72° 17' 57" West 115.53 feet to the TRUE POINT OF BEGINNING, said point being an intersection with a 52.50 foot radius curve, concave Westerly, a radial line to said point bears North 79° 15' 50" West; thence along the arc of said curve 4. Northerly 10.02 feet through a central angle of 10° 56' 10"; thence leaving said curve 5. North 0° 12' 00" West 88.00 feet; thence 6. South 89° 48' 00" West 15.00 feet; thence 7. South 0° 12' 00" East 88.00 feet to the beginning of a 37.50 foot radius curve, concave Westerly; thence along the arc of said curve 8. Southeasterly 15.91 feet through a central angle of 24° 18' 34" to a point Of intersection with said parallel line, a radial line to said point bears North 65° 53' 26" West; thence along said parallel line 9. North 72° 17' 57" East 18.21 feet to the TRUE POINT OF BEGINNING. ontaining, in all, 0.035 acres, more or less. Assessor's Parcel No. 639-016-04. See Attached Exhibit "B" ~ '~. .... -, ,.~ LEGEND· ~) ~ ~ INDICATES DRAINAGE & A~ ~ , ,,,~,o ~ su, * * EASEMENT · 0.036 ACRES :, "n,,;,~,,,,, .... (R) INDICATES RADIAL LINE ..... o.,,,, ~ .0~ S.,,.,, ~ASIS OFBEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE WEST LINE OF PARCEL VICINITY MAP MAP 70.34~ I.E.~ N17'53' 14'W, ~= a7~O' ' ' '  ~TZ°~' O7"6 bGO. 49t co. riDS J 0945 ops ~ j o~or~seo CHUL4 WSTA aCT 87-8 PHA ~ I POB 0 OT~ ~[C 89~ EXHIBIT B 3-31-88 DRAINAGE AND ACCESS .~TO ..c.s. 3o~14 OA~E ExP; OAF EASEMENT P.peredinr~eomceo[ ~ TO the CITY of CHULA VISTA Church Engineedng, Ina per T.M.-87-8 S~eyors ~Itpho~(61P)237~722 DATE: 6-3-87 Title Order No. Escrow No. tillANT DEED The undersigned declares that the documentary transfer tax is $ ........................................................... and is [] computed on the hdl value ot the interest or property conveyed, or i~ ]} comfluled on the full value less the value of liens or encumbrances remaining thereon at the ti~we ol sale. Tbe land, tenements or really is located in [] unincorporated area [] oily of .. ,,.~H.I.J,I./2x..V.I.$][~ ............................................. and FOR A VALUABLE CONSIDERATION, receipt o[ which is hereby acknowledged, DALE W. GOULD, A SINGLE MAN hereby GRANT{S) to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION the foldwing described real property in the CITY OF CHULA VISTA county of SAN DIEGO , state of California: SEE ATTACHED EXHIBITS "A" & "B". D~le W~ STATE OF CALIFORNIA } COUNTY OF%n !: :~L !~ O. Ibis the w~__2Ot_ h ** ..... day oe October ~ 198_L, ~lo,e me tn~ unde,slg.ed, a CI Engineering, Inc. del Sur - Phase I June 3, 1987 EXHIBIT "A" DRAINAGE EASEMENT TO THE CITY OF CHULA VISTA Being a portion of Lot 105 of Chula Vista Tract No. 84-13, Map No. 11576, according to Record of Survey thereof No. 10945, filed in the office of the County Recorder of San Diego County, March 12, 1987, in the City of Chula Vista, County of San Diego, State of California; being more particularly described as follows: Beginning at the Southeast corner of said lot; thence along the East line of said lot 1. North 17° 52' 49" West, 79.69 feet to the TRUE POINT OF BEGINNING, said point being an intersection with a 40 foot radius curve, concave Southeasterly, a'radial line to said point bears South 43° 02' 18" East; thence along the arc of said curve 2. Southwesterly, 11.34 feet through a central angle of 16° 14' 36"; thence 3. South 30° 43' 06" West, 30.91 feet to the Northerly line of an existing drainage easement in said lot 105 according to Map 11576; thence along said easement line 4. North 68° 121 39I' West, 10.12 feet; thence leaving said easement line 5. North 30° 43' 06" East, 32.48 feet to the beginning of a 50' radius curve, concave Southeasterly; thence along the arc of said curve 6. Northeasterly, 18.78 feet through a central angle of 21° 31' 08" to said East line of said lot 105, a radial line to said point bears South 37° 45' 46" East; thence leaving the arc of said curve and along said East line of said lot 105 7. South 17° 52' 49" East, 10.81 feet to the TRUE POINT OF BEGINNING. Containing, in all, 0.011 acres, more or less. Assessor's Parcel No. 641-092--017 See Attached Exhibit "B". BH/DR/MEN/BC _LEGEND' INDICATES DRAINAGE ' EASEMENT*O.011 ACRE8 (R) INDICATES RADIAL LINE+ ; . BASIS OF BEARINGS L-:::' ' THE BASIS OF BEARINGS FOR THIS PLAT IS THE EAST LINE OF CHULA VISTA TRACT NO, 84-13 UNIT NO. 2 PER VICINITY MAP R, OF S. MAP NO. 10945,LE N17°52' 49'W ' Z LOT /- ~=50' -- NO, EXHIBIT "B" 3-31-88 .M^,UEt S. mSTO ,.C.E. 3O,4OAfS EX.: OAT, DRAINAGE EASEMENT e.,p~,~d~.l~,om~.q* ~ TO the CITY of CHULA VISTA Church Engineering, ]he In LOT 105 MAP 11576 Planners San DIego, CA 92101 SureyorE ntepho~(619)237~722 DATE: 6-3-87 ~ JOB +: 8006.010 AFTER RECORDIBq MAIL : SUBORDINATION A6REf~ENT ~Tr~st Dee~ to Easement) NOTE: This Subordination AEreement results In your Security Interest In the propert~ beeomin~ sub¶eat to and of lower priority than the lien of some other or later Security Instrument. ~nd DALE W. GOULD. A SINGLE MAN herein called "Second Party" ~ein~ the present owner(e) of the easement (conveyed to/r~=.~e~-by) THE CITY OF CHULA VISTA. A MUNICIPAL CORPORATION bl document recorded CONCURRENTLY N. EREWIT~s File No .................. in Book ........... V Page ........ , of Official Records of San DieSo County, in the 8tare of California, Bald easement bein~ described as follows: SEE ATTACHED EXHIBITS "A" S "B", ~|EREA8 the parties hereto desire to ~ubordinate the lien or charge of said deed of trust to said easement heroinabove set forth. NOW TBEREFORE, the parties hereto, in con~ideration of these premise~ and or the mutual benefits to be derived by them for the aBreement herei~ contained, do hereby a~ree that said easement (conveyed to/r~erved by) sa~d "Second Party~' d~ted and recorded as afores~id shall be end said ~senent is hereby made prior ~nd psreJ~ount to said deed of trust and the lien ~hereof; THAT the lien or charge of and said deed or trus~ as to the lands and premises heroinabove desuribed is hereby subordinated to said easement; AND THAT~ in the event of Foreclosure of said deed of trust, the trustees sale end conveyance thereunder of the property de~cribed therein shall be subject to said easement and said easement shall not be affected thereby. IN WITNESS W~EOF, the parties hereto have set their hands Or have caused this instr~ent to be executed by the proper Officer8 %hereunto duly authorized the day and year first above ~Titten. FIRST PARTy SECOND PARTY FOR NOTARY SEAL OR STAMP COU,~TVOF San D~O ~ ss o. October 20. 1987 before me tneun,er- ".!.. '-~ ;jzzabe~h Al~cia Duran CI- Engineering, Inc. del Sur - Phase I June 3, 1'987 ' ' EXHIBIT "A" DRAINAGE EASEMENT TO THE CITY OF CHULA VISTA Being a portion of Lot 105 of Chula Vista Tract No. 84-13, Map No, 11576, according to Record of Survey thereof No. 10945, filed in the office of the County Recorder of San Diego County, March 12, 1987, in the City of Chula Vista, County of San Diego, State of California; being more particularly described as follows: Beginning at the Southeast corner of said lot; thence along the East line of said lot 1. North 17° 52' 49" West, 79.69 feet to the TRUE POINT OF BEGINNING, said point being an intersection with a 40 foot radius curve, concave Southeasterly, a"radial line to said point bears South 43° 02' 18" East; thence along the arc of said curve 2. Southwesterly, 11,34 feet through a central angle of 16° 14' 36"; thence 3. South 30° 43' 06" West, 30.91 feet to the Northerly line of an existing drainage easement in said lot 105 according to Map 11576; thence along said easement line 4. North 68° 12' 39" West, 10.12 feet; thence leaving said easement line 5, North 30° 43' 06" East, 32.48 feet to the beginning of a 50' radius curve, concave Southeasterly; thence along the arc of said curve 6. Northeasterly, 18.78 feet through a central angle of 21° 31' 08" to said East line of said lot 105, a radial line to said point bears South 37° 45' 46" East; thence leaving the arc of said curve and along said East line of said lot 105 7. South 17° 52' 49" East, 10.81 feet to the TRUE POINT OF BEGINNING. Containing, in all, 0.011 acres, more or less. Assessor's Parcel No. 641-092--017 See Attached Exhibit "B". BH/DR/MEN/BC LEGEND INDICATES DRAINAGE ' EASEMENT-O.011 ACRES (R) INDICATES RADIAL LINE BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE EAST LINE OF CHULA VISTA TRACT NO. 84-13 UNIT NO, l VICINITY MAP R. OF S. MAP NO. 10945,I.E N17°52 ~-~ ~ · $/ZZ~P/V/540N 8OUNP,~K Y ' z LO'F L,18.78' /d.8/' tO ~ ~1% ~ANCHO P~ ~ · 0.//~7~ EXHIBIT "B" 3-31-88 MANUEL S. mE~O ".C.E. ~0~24DA~E"XP: OA~" DRAINAGE EASEMENT P.pn~dfn,~,o~.~ ~ TO the CITY of CHULA VISTA Church Engineering, Inc In LOT 105 MAP 11576 Co~Ifl~ ~,~ 12l ~oadway ~ultt 7~ per T.M,-87-8 Sumyor~ hlepho~(61~)lJT~722 DATE: 6-3-87 J JOB ~: 8006,010 SUBORDINATION AGBE~dENT ~Trust Deed to Easement) NOTE: This Subordination Agreement results in your Security Interest in the property becoming subtect to and of lower priority than the lien of Bcme other or later Security 'Instrument, ROBERT EGCER JR~G~R MARY EMMA ~[RMATY ' [~0 ARNOL[ AND EMil C. GH~O ~~ ~ ~ %~e~l interest in that certain deed of tmst dated LOT ~O50~ COUNTY O[ SAN D~[GO TRACT NO. 8~-]3, ~N THE COUNTY OF COUNTY, JULY 25, 1986. and DALE W. GOULD. A SINGI E MAN heroin called "Second Party" being the present o~ner(,) of the ~asement (conveyed to/~=sc:~4~') THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION by document recordedCONCURRENTLY H~R_~L~tLI~ as File No ................. in Book ............ ~ Page ........ , of official Hoeerda of San DieBe County, in the State of California, sa~d easement being described as follows: SEE ATTACHED EXHIBITS "A" & "B". ~IEHFAS the parties hereto desire to subordinate the lien or charge of said deed of trust to said easement herei~above set forth. ]tOW THEREFOPdE, the parties hereto, in consideration of these premises and of the mutual benefits to be derived by them for the agreement herein contained, do hereby agree that said easement (conveyed to/re~erved by) said "geeend Fatty" dated and recorded as afore8aid shall be and said ~asement is hereby made prior and paramount to said deed Of trust and the lien thereof; THAT the lien or charge Of a~d said deed or trust as to the lands and premises heroinabove described is hereby subordinated to said easement; AND T}LtT, in the event of Foreclosure or said deed of trust, the trustees ~le and conveyance thereunder of the property described therein shall be subject to said easement and said easement shall not be affected thereby. IN WETNESS W~EREOF, the parties hereto have set their hands or have caused this lnstrttment to be executed by the proper Officers thereunto duly ~uthorized the day and year first above written. FIRST PARTY SECOND PASTY ( ACI~OWLEDOH l~T ) del Sur - Phase June 3, 1987 " EXHIBIT "A" DRAINAGE EASEMENT TO THE CITY OF CHULA VISTA Being a portion of Lot 105 of Chula Vista Tract No. 84-13, Map No. 11576, according to Record of Survey thereof No. 10945, filed in the office of the County Recorder of San Diego County, March 12, 1987, in the City of Chula Vista, County of San Diego, State of California; being more particularly described as follows: Beginning at the Southeast corner of said lot; thence along the East line of said lot 1. North 17° 52' 49" West, 79.69 feet to the TRUE POINT OF BEGINNING, said point being an intersection with a 40 foot radius curve, concave Southeasterly, a"radial line to said point bears South 43° 02' 18" East; thence along the arc of said curve 2. Southwesterly, 11.34 feet through a central angle of 16° 14' 36"; thence 3. South 30° 43' 06" West, 30,91 feet to the Northerly line of an existing drainage easement in said lot 105 according to Map 11576; thence along said easement line 4. North 68° 12' 39" West, 10.12 feet; thence leaving said easement line 5. North 30° 43' 06" East, 32.48 feet to the beginning of a 50' radius curve, concave Southeasterly; thence along the arc of said curve 6. Northeasterly, 18.78 feet through a central angle of 21° 31' 08" to said East line of said lot 105, a radial line to said point bears South 37° 45' 46" East; thence leaving the arc of said curve and along said East line of said lot 105 7. South 17° 52' 49" East, 10.81 feet to the TRUE POINT OF BEGINNING. Containing, in all, 0.011 acres, more or less. Assessor's Parcel No. 641-092--017 See Attached Exhibit "B". BH/DR/MEN/BC """ LEGEND' ~2 ?~"! /~"~ INDICATES DRAINAGE ,c.o =~. ,u ' ' EASEMENT · 0.011 ACRES (R) INDICATES RADIAL LINE.  ~ BASIS OF BEARINGS " ~..~..' THE BASIS OF BEARINGS FOR THIS PLAT IS THE EAST LINE OF CHULA VISTA TRACT NO. 84-13 UNIT NO. 2; VICINITY MAP R. OF S. MAP NO. 10945,I.E N17'52' 49'W - LOT ~ ~ 5E C~. ~dr LOT JOG EXHIBIT 3-31-88 m~To ..c.~. 3o7~4 .A~ ~xP: D~ DRAINAGE EASEMENT P~ai.~,.~,~ ~ To the CITY of CHULA VISTA Church Engineering, ]nc In LOT 105 MAP 11576 co~l,q ~.. m ~o.d..y s.,. ~ per T.M.-87-8 Plannttl San DItlO, CA 92101 Su~eyor, ~lepho~19)2JT~722 DAT~: 6-3-87 [ JOB ~: SUBORDINATION AGRE~4ENT ~Tru~t Deed to Easement) NOTE: This Subordination A~reement results in your Security Interest in the p~oper~y. beeominS subject to and of lower priority th~n the lien of s~e other or l~t~r Security Instr~ent. THIS AGBE~IT, made this __ day of L{NCOLN [RV{C[ CORPORAT~ BY ASS{CN~SNT pre~ent holder~ of th~ beneficial interest in that certain deed of trust dated MARCH I __, 1987 and recorded MAY 4 , 19~ ~s F~le 11o. 87-243622 __, In Book 1987 __, of San DieSo County, in %he State of California, herein cmlled "FIrst Psrty" which said deed of trust ~fTect~ the followinM descTtbed re~l LOT 105 OF COUNTY OF SAN DIEGO TRACT NO. 8~-13, ~N THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO, 11576, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 25, 1986, DALE W. GOULD. A SINGLE MAN herein called "~econ~ Party" beinG the present owner(~ of the eas~ent (conveyed to/~"Je~v~3~/) THE CITY OF CHULA VISTA. A MUNICIPAL CORPORATION b~ ~oe~en~ ~eeor~ea CONCURRENTLY H~REWiT~ ~11e ~o ................ SEE ATTACHED EXHIBITS "A" ~ "B". AND T~AT, in the event of Foreclosure of said deed of trust, the trustees sale ~nd conveyance thereunder of the property described therein sh~/l be subject to ~aid easement and said easement shell not be affected thatch. IN WITNESS WHEREOF, the parties hereto have set their hands or have caused this instrument to be executed by the proper Officers thereunto duly authorized the day and year first above ~Titten. FIRST PARTY SECOND pARTY ( ACIG~OWLEDG ~T~ ) h Engineering, Ir~c. del Sur .- Phase June 3, 1987 EXHIBIT "A" DRAINAGE EASEMENT TO THE CITY OF CHULA VISTA Being a portion of Lot 105 of Chula Vista Tract No. 84-13, Map No. 11576, according to Record of Survey thereof No. 10945, filed in the office of the County Recorder of San Diego County, March 12, 1987, in the City of Chula Vista, County of San Diego, State of California; being more particularly described as follows: Beginning at the Southeast corner of said lot; thence along the East line of said lot 1. North 17° 52' 49" West, 79.69 feet to the TRUE POINT OF BEGINNING, said point being an intersection with a 40 foot radius curve, concave Southeasterly, a"~adial line to said point bears South 43° 02' 18" East; thence along the arc of said curve 2. Southwesterly, 11.34 feet through a central angle of 16° 14' 36"; thence 3. South 30° 43' 06" West, 30.91 feet to the Northerly line of an existing drainage easement in said lot 105 according to Map 11576; thence along said easement line 4. North 68° 12' 39" West, 10.12 feet; thence leaving said easement line 5. North 30° 43' 06" East, 32.48 feet to the beginning of a 50' radius curve, concave Southeasterly; thence along the arc of said curve 6. Northeasterly, 18.78 feet through a central angle of 21° 31' 08" to said East line of said lot 105, a radial line to said point bears South 37° 45' 46" East; thence leaving the arc of said curve and along said East line of said lot 105 7. South 17° 52' 49" East, 10.81 feet to the TRUE POINT OF BEGINNING. Containing, in all, 0.011 acres, more or less. Assessor's Parcel No. 641-092--017 See Attached Exhibit "B". BH/DRIMENIBC t°°~,/,c.:~ i INDICATES DRAINAGE ,c ,e.,u ' ' EASEMENT,~O.011 ACRES (R) INDICATES RADIAL LINE. ~/~ . ,~,~,./..:~' BASIS OF BEARINGS / THE BASIS OF BEARINGS FOR THIS PLAT IS THE EAST LINE OF CHULA VISTA TRACT NO. 84-13 UNIT NO. 2 PER (~ VICINITY MAP R. OF S. MAP NO. 10945,I.E N17~52' .49"W {NO SCA~ ~ ~ ' SUBp/V/~/ON ~Om/p~K Y J~Z LOT J04~ L · 18.7~' ~,,~/~.~/, NO. 1157~ , EXHIBIT 3-31-88 ~ANUEL E. NIETO R.C.E. 30~24 DATE EXP; DATE DRAINAGE EASEMENT P~d,.,~.o~.~f ~ To the CITY of CHULA VISTA  Church Engineedng, Inc In LOT 105 MAP 11576 co~/.q ~,. ns ~a.~, s.,. 7~ per T.M.-87-8 Planner, ~aff DEeSo. CA 92101 Su,tyor~ ~tepho~(519)237~721 DATE: 6-3-87 [ JoB +: 8006.010 ,' ~- ~FTER RECORDING, MAIL SUBORDINATION AGPa~.~ENT ~Truet Deed to Easement) property. hecomin8 subject to and of lower priority than the lien of some other Or later Security Instrument. GREAT AMERICAN FIRST SAVINGS BANK A L present holder~T of th~ beneficial interest in that certain deed of trust dated __',_lSJL5 and recorded ~,~ as File 85-1940~j____, in Rook 1985 , P~e ......... T~f Official Records LOT ~05 OF COUNTY OF SAN DIECO TRACT NO. 8~-13, IN THE COUNTY OF SAN DIEGO, STATE OF CAt~FORN[A, ACCORDING TO THE MAP THEREOF NO. ~[576, FILED IN THE OFFICE OF THE COUNTy RECORDER OF BAN DIEGO COUNTY, JULY 25, 1986. · ~nd DALE W. GOULD. A SINGLE MAN . . herein called "Second P~rty" bein~ the present owner(s) of the e~sement (conveyed to/resel~e~-~y) THE C~TY OF CHUtA VISTA. A MUNICIPAL CORPORATION by doe~en~ recorded CONCURRENTLY HEREW[T~s File No ................. in Rook .......... , P~E~ ........ , of Official Records of S~n Diego County, in the 8bate of C~ifornia, sa~d easement bein~ described as follo~s: '~EREA8 the parties hereto desire to subordinate the lien or charge of said deed of trust to said easement hereinabove set forth. NOW TREPaFORE, the parties hereto, in consideration of these premises and of the mutual benefits to be derived by them for the agreement herein contained, do hereby agree that said easement (conveyed to/r~gerved by) said "Second party" dated and recorded as aforesaid ~hall be and s~id_easement is hereby made prior end pareumount to said deed of trust and the lien thereof; THAT the lien or charge of and said deed (If trus~ ~s to the lands and premises FIRST PARTY SECOND pARTY ( ACI~OWLEDG~ ) ~,?- - FOR NOTARY SEAL OR STAMP * ~L~Gg~D *****?*****~ .... ******* ~ ~;,,~ Ehzabeth Ahc~a buran Ch Engineering, Inc. R~ del Sur ~ Phas, e I June 3, 1987 EXHIBIT "A" DRAINAGE EASEMENT TO THE CITY OF CHULA VISTA Being a portion of Lot 105 of Chula Vista Tract No. 84-13, Map No. 11576, according to Record of Survey thereof No. 10945, filed in the office of the County Recorder of San Diego County, March 12, 1987, in the City of Chula Vista, County of San Diego, State of California; being more particularly described as follows: Beginning at the Southeast corner of said lot; thence along the East line of said lot 1. North 17° 52' 49" West, 79.69 feet to the TRUE POINT OF BEGINNING, said point being an intersection with a 40 foot radius curve, concave Southeasterly, a"~adial line to said point bears South 43° 02' 18" East; thence along the arc of said curve 2. Southwesterly, 11.34 feet through a central angle of 16° 14' 36"; thence 3. South 30° 43' 06" West, 30.91 feet to the Northerly line of an existing drainage easement in said lot 105 according to Map 11576; thence along said easement line 4. North 68° 12' 39" West, 10.12 feet; thence leaving said easement line 5. North 30° 43' 06" East, 32.48 feet to the beginning of a 50' radius curve, concave Southeasterly; thence along the arc of said curve 6. Northeasterly, 18.78 feet through a centra~ angle of 21° 31' 08" to said East line of said lot 105, a radial line to said point bears South 37° 45' 46" East; thence leaving the arc of said curve and along said East line of said lot 105 7. South 17° 52' 49" East, 10.81 feet to the TRUE POINT OF BEGINNING. Containing, in all, 0.011'acres, more or less. Assessor's Parcel No. 641-092--017 See Attached Exhibit "B". BH/DR/MEN/BC ,,; .., ',' .,~ LEGEN_._._._SD INDICATES DRAINAGE ' EASEMENT"O,011 ACRES (R) INDICATES RAUIAL LINE. · BASIS OF BEARINGS ~ ~ TNE DAS,S OP .EARINGS ~OR PLAT IS THE EAST LINE OF CHULA VISTA TRACT NO. 84-13 UNIT NO, (~ VICINITY MAP R, OF S, MAP NO, 10945,I.E N17'52' ~ C~ ' SUaD/V/~/ON eou#o~K y 'Z LOT J04'; L · 18. 78' NO. 1l~7~ ,- ~.u~L ~..~o ..c.~. ~o~4D~ ~xP: o~ DRAINAGE EASEMENT ~""~"'~'~"~ ~ TO the CITY of CHULA VISTA C~urc~ ~i~eeH~, Xnc In LOT ld5 MAP 11576 Co~III~ ~ 22] ~o~dw~y Sullt 7~ per T.M.-87-8 Plannen San Dlqo. CA t~lOl Su~yor, ~ltpho~(61~)237~7~ DATE: 6-3-87 I JO8 +: 8006.010 8006,010 SUBORDINATION AGREEI4ENT )~tlEREAS, the owner of that certain property hereinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, the permanent easement and right of way, for drainage & access easement to the city of Chula Vista. (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED] SEE EXHIBIT "A" & "B" ATTACHED HERETO AND MADE A PART fIEREOF LTD., a California limited partnership AtlD WHEREAS, UNITED ENTERPRISES, -t~, is hereinafter known as the BENEFICIARY; and FIRST ~4ERICAN TITLE' INSUI~CE C0. ts hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by ~ANCHO DE~ SU~, a Ca11~o~nia genexal pa~tne~shtF to secure (a) note(s) for $5,000,00d;00 with interest dated August 1, 1986 and recorded August 1, 1986 in Official Records of the San Diego County Recorder, covering the property heretnabove described, as Instrument No. 86-323966 AND WtIEREAS, the BENEFICIARY affirms that (he/she/they, is/are) the owner and holder of the hereinabove described trust deed note, and (is/are) hereby direct and authorize said TRUSTEE to Join tn the execution of this ~ instrument. HON, THEREFORE, for and in consideration of the benefits to accrue to the above described land by acceptance of said easement by said City of Chula Vista, the undersigned expressly subordinates all right, title and interest and to that portion of said premises herein described, covered by said deed of trust, to the interest of said City of Chula Vista tn said easement with the intent that said easement shall be prior and superior to the lien of the deed of trust heretnabove described. Te caused thts STATE OF CAU~O k ~~ ]SS. __! 19 ~/'~ COUN~ OF ~ - the corporation herein named and acknowledged to me that ~NESS my~nd official s~al. ~,~ ,_ _ Church Engineering, InC. Rancho del Sur'- Phase I July 28, 1987 EXHIBIT "A" DRAINAGE & ACCESS EASEMENT TO THE CITY OF CHULA VISTA Being a portion of the Southeast QUarter of the Northwest Quarter of Quarter Section 67 of Rancho de La Nacion, Map 166, according to Record of Survey thereof NO. 10945, filed in the office of the County Recorder of San Diego County, March 12, 1987, in the County of San Diego, State of California; being more particularly described as follows: BEGINNING at the Southeast corner of Lot 106 of Chula Vista Tract No. 84-13, according to Map thereof No. 11576, filed in the office of the County Recorder of San Diego County, July 25, 1986; thence along a prolongation of the Southerly line of said lot 106: 1. North 72° 10' 59" East 118.16 feet to the TRUE POINT OF BEGINNING, said point being an intersection with a 50 foot radius curve concave Northerly, a radial line to said point ' o bears North 72 24' 04" East; thence along the arc of said curve 2. Easterly 54.42 feet through a central angle of 62° 21' 53"; thence 3. South 79° 57' 49" East 14.00 feet; thence 4. North 10° 02' 11" East 10.00 feet; thence 5. North 79° 57' 49" West 14.00 feet to the beginning of a 40 foot radius curve, conc-~ve Northerly; thence along the arc of said curve 6. Northwesterly 43.58 feet through a central angle of 62° 25' 09" to a point of intersection with the prolongation of said Southerly line of said lot 106, a radial line to said point bears North 72° 27' 20" East; thence along said prolongation 7. South 72° 10' 59" West 10.00 feet to the TRUE POINT OF BEGINNING. Containing, in all, 0.0145 acFes, more or less. Assessor's Parcel No. 641-010-025. See Attached Exhibit "B". DR/BC/bh /~ o ~.~.: ~ LEGEND ;~7 ~.A. INDICATES DRAINAGEAND ACCESS EASEMENTtO.D14 ACRED ..~*~' .. THE BASIS OF B~ARINGS FOR THIS PLAT IS A PORTION OF THE SOUTH LINE OF QUARTER SECTION 6B OF RANCHO ~ LA NACIOH PER RECORD  OF EURVEY MAP NO. 1094l VICINI~ MAP (NO SCA~ LeT IOe ~ ~'f ' ',d~ ~ ~ .:os Joe,~5 ~X~IBI~ 3-3~-88 DRAINAGE AND ACCESS M~EL E. NIETO R.C.E, 30724 BATE EXP. bATE EASEMENT ~ P~p~,,de.,~,~m~,o/ To the CITY OF CHULA VISTA Church Engineering, ]no , per T.M. 87-8 Combing ~g~eerl 22~ ~oadway Suite 7~ I ............ Su~yors nlephomf619)iJ7~712 DATE1 6-3-87 { JOB ~ 8006,010 8006.010 GRANT OF EASEMENT - FOR DRAINAGE PURPOSES -- FOR A VALUABLE CONSIDERATION, receipt of which is hereby ackno~-' !dged, the undersigned do/does hereby grant to the City of Chula Vista, xn the County of San Diego, State of California, an easement and right- of-way for, and the right to construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: SEE EXHIBIT "A" & "B" ATTACHED HERETO AND MADE A PART HEREOF together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: ]~TNESS our hand s this 29th day of March 19 88 · RANCHO DEL SUR~ a California general partnership STATE OF CALIFORNIA Due to lack of space, She borrowers COUNTY OF SAN Diego ss have affixed their signatures to the attached signature page which is . incorporated herein by reference. On this 15thday of January 19 88 , before me, ~-a ~a~o . , a Notary public in and for the said County of San Diego, State of California, residing therein, duly com- missioned and sworn, personally appeared John~T. Knox personally known to me to be the person whose name is subscribed to the within instrument, and he X duly acknowledged to me that he x excuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the County of San Diego, the day and year in this certificate first above written. Noba~y Public in and for the Count~ of San Diego, State of c&liro nt& RANCHO DEL SUR, a California General Partnership BY: GADCo Investment Partnership III, Ltd., a California limited partnership BY: Great American Development Company, a Ca] tfornia cerporatlon BY: TITLE:JObert Wessel~ Senior V.P. TITLE :j_ . ~jzjo, Vi~J President BY: KG Otay Associates, Ltd., a California 1 fmited partnership BY: WP~, Inc., general partner ~tbew R. Loonin, Secretn~ BY: GTK, Inc., genera] partner Mathew R. Loonin, Secretary BY: ~, . , ~ < - Mathew Ronald l~onin, President BY: Gnttman Co struction, Inc~~, A. Gnttmnn, Presxdent BY: Mesa Del Oro Associstes, n Cnl 1fornla Reaera ] partnership · SIJIE'OF CAI III1RNIAI COUNTY Of ,fAN OIlCOl ~ ,~f SICNrD. A NOTARY PIIOl IC IN AND f'OR RAID (TOIINTY AND STAFF. PIRSON- T~x~R~ l~ fie TIN' ~E~tA~ fi'ECUlEP TIff' VIIitiN INSTRIIffENT JN~ ~MN TO Nf' TO BE TIlT rfR,fON 1]t~ EXECI/fIO NtF MlfitlN INRIRIIflENT ON BIll/If' OF S~ID CORrOR~IION, SJlB CORPORATION BEING ~O~rN TO ~E TO fie ~ CENTRal P~RTNfR OF KG O~a~_Ass_ac~s.,._b~d .... ~ P~RTNERSItlP, S~IO P~RIN~RSItlP BE/NC J PIRTNFRSIt/P, TIfF P~RINERSItlP fit~T E.l'[ClllfP TIlt' MI~tIN I~fTRI/~ENT INP JFKNOVl ~PCED TO fie flt~ T SI/MI P~RTNt RSIfIP t J'[C/IITP NfF PI/RSU~NT TO ITS IN VlTNFSS I'Iff'RiOF, I ItAVF HI'RE- IINfO SET ~Y If~ND ~NO ~FfI.I'EO ~r NOMRI~/ SIft, T/IF O~Y IND IN TIllS C~RTIFIC~TE FIRST ~BOI'E fly CO~ISSION EXPIR&f- NfilARP /'/ill/ lC IN ~k'l) S~Io COUNTY ,4ND STATE fIN/BSTNCF OF NgMRI~I SIll, PlEaSE fill IN INfI1R~THIN PRINClP~/ rl JCF or BIISlNF,~R- PRINT ___~e~k_~&S~Zp2_~ ............ l.or~nda E. Tr~as STATE OF CAL IFORHIJI C~UNTY Pr S~H DIECOl SIGNED. ~ N~TARf PUBI/C 1N ~NO T~R S~1~ r~llNlY AND RT~TE. rERS~N- ~BA~x~A~DB~4 10 BE life ___Z~ i ~3~ ........ OF __~.~_b~_~.~._~q~ .... A CORPDRA TION, HIE CORPORATION HtA T EJ[CIITFD HIE' VlUtlN [NSTRIIflFNT AND KNOMN TO fiE' I0 BE T/IF FIRSfiN ~It0 ~J'FCIITEO UtE MlfitIN INRTRIIfl~NT ON B[NA[F fiT' RAID 60RPORATION, SAID CORPORATION BEING NNO~'N TO flF TO BE A KENERA[ PARTNIR OF ~_ .Q~L~:~ e5_~.~__IzX~, A PARTNFRSItlP, SAIO PARINERSttlP e[ INC ~OUN TO fie TO BE A CENFRAL PARTNFR OF ..... R~cbo_~e_L.Sur A PARTNERSIf[P, THF P,~RTN~RSItlP UtAT F.I'fCIITED HIF ~'1llflN IA~qIRI/fl[NT AND JCANOVI EDC[O TO MF IllAT SUCN PARTN[RSNIP LI'ECUI[D TIt~ SAflF, PIIRSIIANT TO ITS BY-IAMS. IN UITNE',qS VlIFREOS, I ltAVE UNTO RET fl~' ftANP AND AtTI.IfO fly NQTARIAI SIAl, llt~ DAF ANO IN HIIS CSRTHICAIE FIRST fly COflfllSRION fARIRES- NQTARF Pl/BI IC IN AND 9 ] 2 ~ 89 SA H) CQIINT Y AND S TA TE ................. Ig ..... fIN ABSfNCF OF NQTARIAL SIAl, PLEASE 11[[ IN INYQRflATION PRINCIPAl P[AC[ OF BIISINISS- PRINT NAMF- .,. · ,ff,UE'Of CM HaRNIAI COL/A/IF fir SAN 01lC01 t~N Tt/L~ Gq~lCAr Or ~q gFBHEERE M/lift I//vnlR- "' .TictAra, ~ /rainier PIIBI IC rjt,,l~,H' ~INll .fl.4II, PI RSHN All 1' APPI ARf D _~l~_tJ!ey~..R._._ !,2_ol_fi~_~ ....~HEEI/N lIT tY~ i'/YRi2Htlgxf~fxt'//~ ~'~x~:~x(lcEx~'~y~l<.~.,~4fxl~lR~E~;zt,q:i~'~ I0 ~f THE Secxetary ......... Of _,__WPK,__U~tG .......... ,~ [,II~PEEI?AIIEEN. file COR~ORAfh'I~ IItAI [.l'fCllffP THE I//T//IN INSTRIIIfEAtT AND KNOtiN 10 tIT I0 Br T/IF PER.TON i'lt(I r.l'fcllIll) fill' MIll/IN IK. flRII~'fINT ON ItfltAl f EEl S,HI) CEIRI'tlRAIIEEN, SAID CORPORATION BrINe ~NOMN 10 Mr 1~ BF J II, INfRAI PARINER EEl __~?'_~__A.s_~.8~La_t~e;~;_,L.t_~!' A PARTKI RSItlP, SAID PARTIVERSItlP Iff lNC IfNflVN TEE tIE TEE lIE A CENtRAl PARTHtI~ fir _ ,R,'~n,cJm De l S_U!- _ ..... ~ PART~tfR,fltIP. TIlE PAtflIVFR.~IfIP TI/AT/.if filliP lift VITHIN INSTRIIIfTNT ANP AFKffdVIEI)Cfl) T~ tEE TItAT SI}CII PARTN~RSItlP fJ'lClllEI) ll/l HAZEL PI)RSI/ANT TO ITS BY-IAI/S. IN Vl T/VES, f I/IfFRF~F, I IL( IT Itt,fE- tINTO SET Mr IIANP AND ATFI.tII) KflMRIA~ ,ELM, I/IF L/AT ANL/ IN Tlfl,f C,~RTIFIIi. ATE FIRST/EERIE Hr COHIflSSI~N EJPtRLf- AtlIIAR~ /'lift/1C IN AAg) /fIR SA IT) CEE/INI F ANP SIA TE fIN AASt t/OF EEl/¢EEMRIAI TIM, fi EASE TEl I IN IHf Eft?HA TIHAe ttl/ EEV] PRIA'ClPAt PLACE EEl B//SINISb PRII/T STATE EEE CAI IE~RNIAI · z · , ., ,flCAfE~. ~ IVIITARY PII~I 1C IN AAeD lEER ,fAll) c~/I/fir AN~ ,fTATE. PIRSIIN All F APPEAl?H) _ ~lathew. R._.l. oquh~__, KNEEl'A/TEE ME ~l~.'~'tg.'~47'~'~t A~l't~r~gL~,',C~'b~ t~'l~;q~ Ill lie 11tt.._~_e_cSytqtZ.y ........ fir ....cTK, ._tr~c ........... A CEERPEERAflEEHo f/If Cll~'PEERATIEIH H/AT EJTClITEP flt,~ VATlAIN INSIRI/MfNT ANP IfHEEVN TEE MF lEE fIE fill M/lEE ,f,lh?llTft~ [I/C ltlTItIN INSTRIItffNT tIN BEltAl E Elf ,fAll) EiEERPfiRATlaN, SAIl] CI)A'PEERATION 8t lNC t(NI)VN TEE MF TEE fie ,f ti, tNtftAt I'~RIA'TR EEl KN~VH lfi /rE TEE BE A C. IHIRAI PARlAtER EEl' .___ Ran_cl!o_D~[ St~r A I'ARI~fRSItlP, TIlE FART~'IRSItlP THAT I]trlITIP TIlt' l'lllt/N /NSIRII/1[NT AA/P ACANtliIEPCII) TEE tff T//AT ,~IIC. If FAREAteRS/tIP t.IH'I/TlP II/F FIII~SI/ANT N1 ITS IN l/llNlS,f VIAFRET)l, I It~vr I/NTfi ,fIT M~ I/ARI) AN/) AI F I It p IIEEIARIAI SIM. TIlE D~r MF COHHI,fSION [IPIRL9 AtPl,4Rr rllHI IC IN AH/) fEE~ 9/24 89 ,f~/P CallNil ~NP SI~TE ..................... 19 ..... fin AftSINCE EEl NfTA~IAI ,f/M, flEA,f[ Ill[ IAt INfnR~ATIO~ arlfv] San n e,o CA [,t~rindn E. Trln~ SIAI~ OF C~I I/ORNIAI COUNIf OF SAN ~,V THIS ~ Y OrCJt~ Ig~.~/ltffOR[ ME TIll' I/NI)fR- ,fIGNED. ~ k~LIC IN ~NI) FOR .~lP rt~l)~fl' ~NO SI~TE. fiRStlN- ~tt Y ~rPEXR~O ~H~,~_ ~:_f-~P_t-__, ~N~VN Tn fie ~ .... )IBb._3A~ ........ ~ C~RP~R~TION. lltC COXPOR~fI~N l~t~f ' EJtCIIIED Ill MITfilN INSTRIIffINT ~NB ~NOUN TO ~F TO BE file PIRSON 1110 EXFCUTf O ~tF 1~11HIN INS IR/IMI Nf ON ~flf~f F OF S~ I0 CORPOR~ l ION. ,f~l~ CORPORATION 8EINC ~X~MN T~ fit TO fie ~ ~E'Nf'R~I P~RTNER OF ~ PIRTNER.~ItlP. fife P~RINFR.~ItlP TIt~T t,l'fC~l[D TIll' V/THIN INSTRY/flINT ~N~ ~FKNO~'I ~ 0~[0 TO ~F llt~ T SH(7t PIR TN~ RSHIP ~ J'~ 'C~li P TIlE PU~SII~NT TO ITS 81'-IAMS. IN fITNESS MI/ERFOF, I I/~1'[ IINT~ SET ~' If~k'D ~NO ~fTIXED fly k'~MRIIL ,ff~f. file O~Y INO ~f~R IN fills CfRTIFIE~TE FIRST ~OI'E VRITTFN. ~ ,,. S~[B COUNTY/NP fIN ~.ffNTf Of NOI~RI,4t RIll. PLt~SE F/l/IN INfDR~TIOH PRINCIPal PZAC~ Of B/ISINESR- PRINI NA~F- --~'TATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) and 3~b/~/~2~ , personally knSwn to me ~ ~re,..~d ~o ~,e ~ ~l~e ~i~ of Sa~i~faets~ evi~cnc=) to ~ the Frsons who cut ~e ~thin inst~ent as <~ ~L~a President and ~r~ration, ~e ~ration that executed ~e within instr~ent as general ~r~er of G~ Investment Partnership III, Ltd., a ~lifornia limit~ ~rtnership, the ~rtnership ~at exe~t~ the within instr~ent as a general ~rtner of ~cho del Sur, a ~lifornia general ~rtnership, and ackn~l~g~ to me that such ~r~ration execut~ ~e same as such ~rtner and acknowl~ged to me that su~ ~rtnership execut~ the sae. VE~SS ~ h~d ~d official seal. FFICIAL SEAL KRIS KOHO I Notary Public' in and for said COunty Notary Public-Cali ornia SAN DIEC~ COUNTY and State My C~n, E~D, June 1, uSEALl STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On~~ , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack A. Guttman, personally known to me f~y =~id~) to be the person who executed the within instrument as President of Guttman Construction, Inc., a California corporation, the corporation that executed the within instrument as general partner of KG Otay Associates, Ltd., a California limited partnership, the partnership that exeucted the within instrument as a general partner of Rancho del Sur, a California general partnership, and acknowledged to me that such corporation executed the same as such partner and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. ALICE L ANDE SOP ~T~pIji~.,K;-CAUFO ~ County and State (Seal) .8006.010 GRANT OF EASEMENT - FOR ACCESS PURPOSES FC \ VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the un~_rsigned do/does hereby grant to the .City of Chula Vista, in the County of San Diego, State of California, an easement for access upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows SEE EXHIBITS "A"!& "B" ATTACHED HERETO AND MADE A PART HEREOF together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to d.eposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS our hands this 29th day of March 19 88 RANCHO DEL SUR, a California general ~-- partnership Due to lack of spacer the borrowers have affixed their signatures to the attached signature page which is incorporated herein by reference. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) sS On this 15th day of January 19 88 , before me, Rlta Razo .. , a Notary Public in and for the said County of San Diego, State of Calif6rnia, residing therein, duly commissioned and sworn, personally appeared John T. Khox personally known to me to be the person whose name is subscribed to the within instrument, and he x duly acknowledged to me that he X executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the County of San Diego, the day and year in this certificate first above written. ,~i .' :: ~otary ~uSlieJin and for tile County '" ~ of San Diego, State of California W-E-9 -" Church Engineering, Inc. .. Rancho del Sur - Phase I July 28, 1987 EXHIBIT "A" DRAINAGE & ACCESS EASEMENT TO THE CITY OF CHULA VISTA Being a portion of the Southeast Quarter of the Northwest Quarter of Quarter Section 67 of Rancho de La Nacion, Map 166, according to Record of Survey thereof No. 10945, filed in the office of the County Recorder of San Diego County, March 12, 1987, in the County of San Diego, State of California; being more particularly described as follows: BEGINNING at the Southeast corner of Lot 106 of Chula Vista Tract No. 84-13, according to Map thereof No. 11576, filed in the office of the County Recorder of San Diego County, July 25, 1986; thence along a prolongation of the Southerly line of said lot 106: 1. North 72° 10' 59" East 118.16 feet to the TRUE POINT OF BEGINNING, said point being an intersection with a 50 foot radius curve, concave Northerly, a radial line to said point bears North 72° 24' 04" East; thence along the arc of said curve 2. Easterly 54.42 feet through a central angle of 62° 21' 53"; thence 3, South 79° 57' 49" East 14.00 feet; thence 4. North 10° 02' 11" East 10.00 feet; thence 5. North 79° 57' 49" West 14.00 feet to the beginning of a 40 foot radius curve, conc-~ve Northerly; thence along the arc of said curve 6. Northwesterly 43.58 feet through a central angle of 62° 25' 09" to a point of intersection with the prolongation of said Southerly line of said lot 106, a radial line to said point bears North 72° 27' 20" East; thence along said prolongation 7. South 72° 10' 59" West 10.00 feet to the TRUE POINT OF BEGINNING. Containing, in all, 0.0~5 acres, more or less. Assessor's Parcel No. 641-010-025. See Attached Exhibit "B". DR/BC/bh /'\.~/.o,~ LE~__GEND /' ~ ~ ..... ,~,,/f"~ INDICATES DRAINAGEAND ACCESS ' * EASEMENT-O.014 ACRE8 BASIS OF BEARINGS ~.~e*e"' ~ ~ ~ THE BASIS OF BEARINGS FOR THIS PLAT IS A PORTION OF THE SOUTH LINE OF QUARTER SECTION 68 OF RANCHO H LA NACIOH PER REC~D  OF SURVEY MAP NO, 10941 ~ N i2'11' 31" B VICINI~ MAP .." · {NO PROPOSE~ ~ASE I UNIT-~ TM I OT }0~ ~ ~ ', M A P , o ~ mz'/o~'~ //e./~'-- ~'~) / f~AhlCrJO D~ LA BIACJON s .EO5 J0945 -EXHIBIT B a-a~-88 DRAINAGE AND ACCESS ~EL E. NIETO R.C.E. a0724 DATE EXP. DATE EASEMENT  P~Pdrrdintht°mce°f TO the CITY OF CHULA VISTA Church Enginee~ng, lnc per T.M. sT-a ......... ~, 3u~yorl TtIrphoN(619) 2J~T22 DATE: 6-3-87 J JOB ~: 8006.010 · ' RANClIO DEL SUR, a California General Partnership BY:GADCo Investment Partnership III, Ltd., a Ca]ifornia Iimtted partnership BY: Great American Development Company, a California corporation BY: TITLE: Robert Wesselt Senior V.P. EFrLE:~zco, Vice President BY: KC Ot~y Associates, Ltd., a Californi8 .Ihn[ted partnership BY: WPK, Inc., general p~rtner Mathew R. Loonh~, Secret~ BY: ~ , , , ~ ~ ~ ' M~thew R. Loonin, Secretary Msthew Rona]d ]~ontn, President BY: Guttman Construction, Inc., geney~ part .r BY: f~ ~ck A. Guttm~n, President BY: Mesa ~ Associates, a C~l]fornt~ ~Umer~l pnrl~ncrshlp BY: Or [~~ pnrtnor ., COIlNIl' Of' ,VAN OIt'GOI SICNED, A NOTARY PIIBLIC IN AND IOR SAID COIlNIT AND STATE, PIRSON- AI~Y APPEARSO ~,~ ~ ~NR~N TO HE ~T~N TN~t$~xf~,~gY~N~ TO B( TIll S~T~_~Ey OF ~l~_p?_Lo~9~__~_~c=. ~ ~ORPOR~T/BM, l/IF CORPORATION [~Cl/TFB TIlE r/T//IN/NS~Rll~[NT AND ~OVN 10 ~[' TO 8F Hff PfRSON VltO EXFCI/HB TNF fill/IN IN.~IRIhYI~T ON Of/lAIr' OF ,q~lO SAIB CORPORAlION gflN~ ~NO~N TO ~F TO M A RtNfRll /'ARINIR KG. 0 ~a~_ Asset i ~s.,. L ~ d__, ~ PAR TN[R,~///P, SA ]0 PAR TNIRSHIP A PARTNI~.~/I/P, TIlE PARINF~SHIP T/t~T fTlElfitP THE I'll/tIN/NSTRI/HfNT tNB ff~NBIqlBCFD TO ~[ H/AT ,711~/ PARTNERS/lIP [J'fCUTIQ T/IT SA~F. PURSUANT TO ITS IN VITNE,f,f lqtfXFOr. I ItAI'F ItFRC- UNTO SET 11~ IIAND ANO Aff IXCO N~ NOTARIA~ SfM. lttf OAY ANO IN fills C~TIFIC~T[ FIRST fly COMMISSION EJ'PIR~,~- NOIARl' t'IHtl IC IN ANI fOR SAIO COUNTY ANP STATt ............. 9J~ ....... I9 ~. HN AB,fKNCE Of N~TARIAI REAl, PLIA,fE /'ill IN INIORflATION PRINCIPAL PI ~CE OF 81Z~INFSS- I'NINT ~n Diego, Ca l.orinda E. Tr STATE Of CAl IEORNIM COUNTY OF SAN BIEGOI ~ SIGNED, A NOTARY PU8L IC IN ANO FOR SAIO COIINIY ANO STALL PFRSON~ x~Bl6A~x6~t~gfNr~ lO UE IltE ___Yz_~E~2~3 ....... OF __GOS_tA_6~UJ~_Ln~_ A CORPORATION, IHF C(IRPORAI/ON HtlT E.~[CUItD HIt riftfiN INSTRUMENT ANB KNOVN ~ HI TO RE Hff' PI~RON VHO EI~CHHB HIF MIHt[N [NSTRYHfNT ON ~flftl F Of' RAID CORPORATION, SAID CORPORATION 8EINQ KNOlW T~ HE TO fie ~ KENFRAI PANTN[R RF ~E.gl~y_~_p~_Iz$k~ J PARTNERSHIP, 5AlP PARINtR,qHIP BtING ~'NOVN TO HE TO BE I CFNIRAL PARTNER OF .... Rancho_~[ SuE ............. I PJRTNFRSHJP, THE PIRJNfR,9/IP JHJT [.l'lEHT[D HIE UII/HN IN,~ZR/I~fNT AND JC~OVl EOGID TO fie I/tIT SYC// PARTNfRSH/P PIIRSI/ANT TO IIS gr-lll'S. IN VITNtRS lqfrRlOI. I/lAVE It~RE- I/NTO .qT Mr f/ANO ANO AtEl,lED NOTARIA/ SfM. TIll DAY AND rIAR IN TItI.f CERTIFICATE F/RRT ABOVE I'RI f If N. ~ , ,} , - ' /'- HI' COMMIS.~ION 9/24 fg ~2. .r~lD ca/iNrr AND .~TATF fIN ABS{ NCE OF NOTAR 1~1 RI AI, P{ EASE FIIt IN INI ORHA T ION 0({ PRINCIPAL PIACf O[ 8IISINISS- PRINT NA~E- · SIATt ?lr CAI IItlRNIM h~ .. COUNTY Or SAN OilCOl .~IGNTD, A NBTIR~ PIIBfIE IN ~Nfi HIR SAID COIlNIl ~NI) SIAII. PIR3YIN OT ___~B~,_~c .......... ~ CORPOR~IlBN. lltF FORPOR~HON llt~T EI'ECUTED lltF V[HIIN INSTRIIN['NT ~ND KNOMN lO ~F lO Nf' lllF P[RSBN I'RO 1.rFCllf[D llH' IzfIHIN [A~IRIhYINT ON B[It~IT 0I S~lB CfiRI'OR~IIBN, SAID CORPORATION 8[ING ~N(1MN TO ~E 10 BE A CENfRA~ PARINfR OF __~ ~_~5_~~_ .~'~.E~' ~ P~RTNIRSItlP. S~ID P~RTNfRSIfIP ~'NOUN TQ ~F TO B[ ~ CtNFRAI P~RTNIR O[ ~h~ D~ ~ur. ...... ~ P~RTNfRSItIP, TIlT P~RTNFNSIfIP Hf~T [r~CHl1D TIll MIHIIN I~TRII~[NT ~B ~CKk'O~q FI)C[B TO hF TIf~T SIIOt P~RTN~RSItlP [XIClIT~Q lit[ PURSUANT TO ITS IN VITNL~S ~qtFRFOF, I 11~[ INRE- UNTO SET NY It~NO ~NO MFI.~FD ~Y NOTARIAL SfAI, IHF PAY AND IN TIllS CERTIFICATE fIRST nr couussssaN m m s- SA I0 ('OI/NTY ANti SIA T~ HN ~BS~NPF ~ Nfi[~I~I S[~I, FZ~SE FHI IN INH1R~f/ON PRINCIPAL Pl ACE OF 811,~INFSS- mINT 5lAT~ Of Cll ITORNIM I~s COUNIY OF SAN NilCOl S[Ck'ED, ~ N~T~RY PUlltiC IN AND fOR SAID C~NNIY ANI] STATE, PFRR~N- flu Y tPPf ARt f _Mathew R._.Loonin__, ~fl~N TO OF ___GTK,_._tnc .............. ~ CORPORATION, TIfF CI1RPORATI~N lllAT ~]FCUIEO HIE VlTItIN IN, qTRI/HFNT IN~ ~OI'N 10 HF I0 ~ TItF PtRS~N Mlt~ ~JtCllTfD HIE UITItIN INSTRI/HINT fin Bflflff fiF ,9~ID CRRP~RATION, SlID CORP~R~TION 8EINC NNOUN TO ~F TO BE ~ CgNFRAL ?ARTN[R OF __~E~Y_~L~?~Lqf~_~ _~' ~ PARTNFRSHIP, SAIl) PARINIRSttlP ~HNC KNOVN I0 fie TO fie ~ g[NfRAf PARTNER ~F ...... Rau~lm_~!__~.u~ I P~RIktFRRIf[P, TIlE P~RTN[RSItlP TItAT [.ltCIITlD TIlE UITIflN INRIRII~[~T ~Nf IF~'OV(EDC~O TO HF HtAT SUCIf PIRTN~SItIP [.l'[FIIT[D l/IF SIHE, PIIRSII~NT TO IT,9 BY-tA~'S. IN VITNfSS I'IKRFOF, I It~Vf' IINT~ ,q~T ~ It~k'f ]NI] Mrl.lfD NY NOlIRl~l SIll, Tltf D~F ANI) IN TtIL9 L'ERTIFICAIE FIRST AliOVE' . ~ _ MY COMMISSION L~PIRE.q- ~qll~T~ll~7~' 9/2~ 89 S/lO COUNTY ANti SlflTE ~ _ ................ 19 .... [IN fl~S~NC[ OF N~TtRlll SIM, PLEASE' t Ill IN INf~RM~TION PRINCIPflL PLAC& OF ~I/SIN[SS- PRINT NAME- San DieZo CA I,or~nda E. Tr ins ........... 19 f fTRf Mr fltr IIHI)I R - ,fiGNED, ~ NOTARY PIIltI. IC IN ~HI) flIR ,lAID rElllNfr AHI) SlaTE, CJ'ECIIIKD TIlT V/N/IN INSIRIIHtNT ~ND JH~MN l~ hf l~ BE IItE l'1f~ EJfC//ff~ file VI TI/IN IN, f IR/I~ NT 0~ ~flf~/f ~f ,f~ II) CORP~R~ fl~N, ,f~/D CORPORATION BEINC ~'H~VH T~ ~' T~ BE ~ CrNfR~l P~RINTR P~RTNfRfltlP, TIlE P~RINf~',fltlP TIt~T tSl'fCHlfD N~' VITIIIH IN,~TR~/~fNT ~P ~r~'~'OvIfDc[D f~ fir tlt~T SI/~It P~RTNIR,fltlP [J'ECI/I[~ TIlE IN VlTNE,~,f vItFREOF, I tt~I'T' I/tRE- IINf~ ,~fT ~' It~ND ~ND ~fflJ~'P Nr MRITTLW. Hr COHHl.fSION ~JPIR~,f- HtlIARY I'111tl IC IN A~'I) fin AR.~tN(F Of HOfARI.41 ,~fAl , P/~A,qE f l// /N 1k¢ORN~TI(]N Ran I)ie~o, CA I,~irinda F. Trins STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) OFFICIAL SEAL KRIS KOHO . d County Notary I~blic-Calitorma Notary PUblic in'~ for said ~N DIEGO COUNTY and State ~. E~, June 1, 19~ STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On ~JJ<~ , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack A. Guttman, personally known to me (~r prsved ta me ul~ thc basis ef s~_~ti~- ~e) to be the person who executed the within instrument as President of Guttman Construction, Inc., a California corporation, the corporation that executed the within instrument as general partner of KG Otay Associates, Ltd., a California limited partnership, the partnership that exeucted the within instrument as a general partner of Rancho del Sur, a California general partnership, and acknowledged to me that such corporation executed the same as such partner and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. ALICELANDEF~SON Notary Public in and for said ~p~~ A~I~ County and State (Seal) ~006.010 SUBORDINATION AGREEMENT WltEREAS, the owner of that certain property heroinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of Sa. Diego, State of California, the permanent easement and right of way. (LEGAL DESCRIPTIOtl OF PROPERTY IS ATTACIIEDI AIID WIIEREAS ~REAT &MERICAN FIRST SAVINGS B~LNK, ~ California corporat%on is bereinafter know. as the BEH[FICIARY; and CALIFORNIA GENEP~L MORTGAGE SERVICE, INC. is heroinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by ~NCHO D~t OUR, a California general partnership to secure (a) note(s) for with interest dated July 31, 1986 and recorded August 1, 1986 in Official Records of the San Diego County Recorder, Covering the property here~nabove described, as Instrument No. 86-323967 AND WHEREAS, the BEHEFICIARY afHrms that (he/she/they, ]s/are~ the owner and holder of the here~nabove descHbed trust deed note, and (~s/are) hereby direct and authorize said IRUSIEE to Join in the execution of this ~ instrument. HOW, IHEREFORE, for and in consideration of the benefits to accrue to the above described land by acceptance of said easement by s~td City of Chula Vista, the undersigned expressly subordinates all right, t~tle and interest and to that portion of said premises heroin described, covered by said deed trust, to the interest of said City of Chula Vista tn said easement with the intent that said easement ohM] be prior and superior to the lien of the deed of trust heroinabove described. n~ ""~' ............ sed thi S <Corporation) ~ TITLE INSURANCE STATE OF CALIFORNIA / COUNTYOF~/" ~ /~ ; ~ C ' ,~ - before me. the undersigned, a Nota~ Public ~ and for said State, personally appeared , · 7- -~ ~: personally known to me or proved to me on the basis ' of satisfactory evidence to be the personwho executed Jthe within instrument as the ' '/.- · - Pr~ident and ~ ,/. , ,'7~ ~.' / '~ , ~_ Z '" ~' ' "~ personally known to me or .the personqwho executed the within instrument as the that executed the within instrument and acknowledged to ~that such corporation executed the within instru- m ,ursuant to its by-laws or a resolution of its boam of directors. WITNESS my hand and official seal, Signatur~ .'/V" ;' ~ ~j' /' " Church Engineering, Inc. · "' Rancho del Sur - Phase I July 28, 1987 EXHIBIT "A" DRAINAGE & ACCESS EASEMENT TO THE CITY OF CHULA VISTA Being a portion of the Southeast Quarter of the Northwest Quarter of Quarter Section 67 of Rancho de La Nacion, Map 166, according to Record of Survey thereof No. 10945, filed in the office of the County Recorder of San Diego County, March 12, 1987, in the County of San Diego, State of California; being more particularly described as follows: BEGINNING at the Southeast corner of Lot 106 of Chula Vista Tract No. 84-13, according to Map thereof No. 11576, filed in the office of the County Recorder of San Diego County, july 25, 1986; thence along a prolongation of the Southerly line of said lot 106: 1. North 72° 10' 59" East 118.16 feet to the TRUE POINT OF BEGINNING, said point being an intersection with a 50 foot radius curve, concave Northerly, a radial line to said point bears North 72° 24' 04" East; thence along the arc of said curve 2. Easterly 54.42 feet through a central angle of 62° 21' 53"; thence 3. South 79° 57' 49" East 14.00 feet; thence 4. North 10° 02' 11" East 10.00 feet; thence 5. North 79° 57' 49" West 14.00 feet to the beginning of a 40 foot radius curve, conc.~ve Northerly; thence along the arc of said curve 6. Northwesterly 43.58 feet through a central angle of 62° 25' 09" to a point of intersection with the prolongation of said Southerly line of said lot 106, a radial line to said point bears North 72° 27' 20" East; thence along said prolongation 7. South 72° 10' 59" West 10.00 feet to the TRUE POINT OF BEGINNING. Containing, in all, 0.01~5 acres, more or less. Assessor's Parcel No. 641-010-025. See Attached Exhibit "B"o DR/BC/bh LEGEND c~ ~ INDICATES DRAINAGEAND ACCESS ' - EASEMENTmO.O14ACRES ~'~7,'~o i~ ,.~ BASIS OF BEARINGS *~-*" ~'%~%~ ~HE BASIS OF BEARINQS FOR TH~S PLAT IS A PORTION OF THE SOUfH LINE OF QUARTER SECTION 68 OF RANCHO ~ LA NACION PER RECORD OF SURVEY MAP NO. 10941 VICINI~ MAP ,." ~AS~ I UNIT-~ TM ~7- ~ CHU~X ~ ~'~ //e./~'_~ ~-~ ',~ / ' F{X~NCrJO DE LA NACJObl · EXHIBIT B s-3~-88 DRAINAGE AND ACCESS M~EL E. NIETO ".C.E, 30724 DATE EXP. DArE EASEMENT 1/[ ~ P.p..ai.,~,.m~,~f To the CITY OF CHULA VISTA  C~urc~ ~n~[~eHn~, ]~ per T.M. 87-8 ........... Su~.vor~ rtlephoNF~lP) 237~722 DATE: 6-3-87 ] JOB ~: 8006.O10